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Philippine Bar review · Question

Practice question: Ad Interim Appointments

Essay Hard Jurisprudence

Practice question

A lawyer reads the recess-appointment clause as limited to compulsory recesses and argues that appointments during Congress’s voluntary recess are categorically excluded. State the constitutional text and explain the defect without assuming every proposed appointee is otherwise qualified.

Legal references

  • 1987 Constitution, Article VII, Section 16: https://lawphil.net/consti/cons1987.html
  • Matibag v. Benipayo, G.R. No. 149036, April 2, 2002, main decision: https://lawphil.net/judjuris/juri2002/apr2002/gr_149036_2002.html

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